- Quickdraw McLaw
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- Henderson man faces federal charges for torturing animals. [RJ]
- Lawsuit against the Bail Project dismissed. [RJ]
- Gov. Lombardo sets record with 75 vetoes. [TNI; RJ]
- CCSD accidentally sends money to some employees, then demands it back. [RJ]
Any employment lawyers want to comment on the CCSD giving employees bonus money then taking it back? I have no idea if an employer is allowed to do that (or how unions affect it)
Seems like a nonstarter. A unilateral mistake resulting in an unjust enrichment is pretty much a lock. Of course, Jara will cave to the Union.
In the private sector context, it would be difficult for employers to claw this money back, as NRS 608.100 has been interpreted to prohibit employers from clawing back money in this manner. Unfortunately, Chapter 608 of NRS does not apply to public sector workers.
My educated guess is this will be a mess to unwind, requiring union involvement and grievances to resolve.
I don't agree in the slightest. The funds were not "earned" and paid to the employee as required by NRS 608.100(2). It seems to have been a clerical error resulting in an unearned windfall.
Reminds me of when Citi accidentally sent out $900 million. Some of the recipients refused to return the money: https://www.bankingdive.com/news/citi-revlon-creditors-settle-500m-payments-blunder-error/639101/#:~:text=Citi%20CEO%20Jane%20Fraser%20has,payment%20it%20intended%20to%20send.
there is the problem of tax too. The money was paid and tax was taken out. Now they want them either to repay the $1000 or have $500 taken out of upcoming paychecks, tax consequences be damned.
Tax is not an issue. It is simply an accounting task, reduce withholdings on a future check by the amount withheld on the mistaken payment.
11:01 is wrong, 11:05 is right. 1:26 is right. I hope they way people blithely and confidently throw around incorrect answers on this blog isn't an indication of how they practice law.
THHHHHHWWWAAACCKKKKKK
glug glug glug
https://nypost.com/2023/06/21/why-stockton-rush-didnt-hire-50-year-old-white-guys-for-titanic-sub-tours/
The "Bail Project" link goes to the animal torture RJ article.
What a stupid lawsuit, may as well have sued the judge who set bail, it would have had just as much chance to succeed.
looks like it was fixed
For the love of all that is Holy, not trying to start a political argument, but noting that re “appearances” and “equal application” doesn’t the Hunter Biden misdemeanor “look” incongruous with Trump indictment. Once again, my anti-thwack statement, not interested in politics but the DOJ appearance in the context of seeming independent.
Misdemeanor failure to file? Dude, the DOJ never, and I mean never, prosecutes that criminally. The IRS slaps on interest and fees, and, if necessary, the DOJ goes after the person civilly. See, e.g. Roger Stone and his wife, $2 million in unpaid taxes and fees and a Williams and Connoly partner and his spouse, $7.3 million,
From a strictly practice-related standpoint, the DOJ has not been anything less than an over-eager, heavy handed bureaucratic shit show for many years. Certainly 15-20 at least. It was the same under Bush, Obama and Trump.
I suspect that this deal is a prelude to Biden announcing that he isn't running for re-election and paving the way for Newsome. Just my prediction.
Mmmm I think there are members of this legal community who might quibble with the assertion that the DoJ does not prosecute for failure to file a tax return and/or failure to pay tax. And comparing failure to file a tax return with hiding top secret government documents in your shower and lying on your tax returns is a non-starter.
DOJ is violating its own internal policies on this case. The Ashcroft Memo requires they charge the “highest provable offense” and seek consistent sentences with other cases brought by DOJ. This prosecution is an absolute laughable joke. Thousands have been sent to prison for long terms for the same charges.
Since Hunter “brandished” his firearm during the commission of a drug crime, he would be looking at a mand min of 7 years in fed prison. DOJ could also add on top mand min possession of child pornography if any of the girls were underage, plus on top of that years for tax evasion.
Interesting comments on point without name calling – nice!
10:21 – that's an interesting point. I imagine the DOJ came to him and said "we're going to charge you with felony possessing a weapon in connection with a drug crime unless you plead to a misdemeanor" and Hunter took the deal. Does DOJ policy bar them from offering plea deals like that? I don't practice criminal law so I have no idea.
Ashcroft memo requires that they charge the highest provable offense and there is photographic evidence of a naked crack weighing and smoking Hunter brandishing a firearm (with his effing finger on the trigger).
Didn’t harry Claiborne go to prison for same thing and same amount of 100,000
10:21,
Tolman, Twitter, 6:37 a.m. 6/20/23. Yeah, I read that too. Are you gonna plagiarize the whole thing for us? Do you have any thoughts of your own on this matter? Or do you – Is that your thing? You come onto a blawg, you read some obscure tweets, then pretend – you pawn it off as your own – your own idea? Just to impress some anonymous commenters?
Is there admissible, authenticable photographic evidence?
Tolman is a boss.
I would guess that if Hunter didn't consent to a plea bargain, he would have been charged with more/bigger stuff.
Isn't that normally how it works?
Nicely done 11:09.
Wesley Snipes – 3 years in prison for tax evasion.
Mike Sorrentino, Jersey Shore – 8 months in prison for tax evasion.
Ja Rule – 28 months in prison for tax evasion.
Darry Strawberry – 3 months in prison 3 months of house arrest for tax evasion.
Fat Joe – 4 months in prison for tax evasion.
Joe and Teresa Guidice – 4 years and 1 year in federal prison for tax evasion.
Heidi Fleiss – 37 months in prison for tax evasion.
Chuck Berry – 3 months in prison for tax evasion.
Richard Hatch – 51 months in prison for tax evasion.
Leona Helmsley – 4 years in prison for tax evasion.
Hunter Biden – No JAIL TIME
So no liberals, tax evasion crimes absolutely result jail time.
Unless you are the crackhead son of the most corrupt administration in the history of this country.
What do you want? I am the Original #CopyAndPasteGuy
Don't forget these guys, a little closer to home
Randolph Goldberg underreports his income and conspires to evade taxes — 2 years in prison
Paul Wommer — 41 months in prison for structuring bank deposits to avoid paying taxes.
Now they are all tax experts.
@1:36 – thanks for providing those, I think that's a fair point that some others have been sentenced to jail time for tax evasion. Some of those plead guilty, others were after trial.
At the time those people were sentenced, had any of them paid back their outstanding tax liability? I've read that Hunter's lawyer claimed he had paid all back taxes and penalties. Perhaps that informed the DOJ's charging/sentencing recommendations?
10:21 How does the Ashcroft memo obligate the DOJ except those who worked under Ashcroft?
10:21 also, literally 10 second of googling: https://www.subjecttoinquiry.com/2010/06/attorney_general_holder_issues_memo_on_doj_charging_and_sentencing_policy/#:~:text=The%20Ashcroft%20Memo%20required%20federal,an%20important%20investigation%20or%20prosecution.
So which is it that got Hunter the sweetheart deal?
(1) The "ordinarily charge the most serious offense that is consistent with the nature of the defendant’s conduct and likely to result in a sustainable conviction".
(2) The "individualized assessment to ensure that the charges fit the specific circumstances of the case, are consistent with the purpose of the federal criminal laws, and maximize the impact of federal resources.
or (3) the "substantial assistance provided by a defendant".
Still looks like Tolman is right and the DOJ violated their own internal policy, without regard to which memo they operate under.
or . . . .
(4) that he is wealthy and white; or
(5) that his name is Biden and his father is the Chief Executive.
7:58 um Holder isn’t the AG anymore either. The McGuire Woods blog post was from 2010, when Holder was AG. Someone please tell me that the people posting these comments are not actual lawyers who dispense legal advice.
Someone please tell me that 331 isn't a criminal lawyer of any stripe let alone one practicing actual federal criminal law.
Regarding the Lombardo vetoes… I know the corporate investors who control Nevada’s housing stock spend far too much money for meaningful tenant protections to ever occur in this state absent repeal of Citizens United or some sort of West Virginia Coal Wars-esque conflict (neither of which will happen).
But vetoing free meals at school, at a time when inflation has pushed a lot of people at the margins into dire straits… whose ox is being gored by providing hungry children food? What are those kids guilty of, besides losing the birth lottery? Didn’t Nevada just find over $300 million to finance yet another sports arena? I’m sorry, I just don’t understand the reasoning behind this particular veto. Maybe someone can explain to me what company stands to benefit from denying hungry children food and lobbied to prevent the bill from becoming law, because otherwise it just seems like cruelty for cruelty’s sake.
This view is a little myopic. The lunch programs have always been about budget dollars and meeting benchmarks for additional funds.
The amount of waste in the name of hungry children is unfathomable. During the Covid shutdowns, the local high schools were sending out mailers to "come get your food" and having cars line up to "load up" and I am not talking about about hungry kids picking up sack lunches. These boxes of food were made available to anyone that wanted them and the numbers were flogged and vast amounts of food was wasted and tossed out.
The dumpster at my office building was (on 3 or 4 occasions) nearly filled with boxes of CCSD labeled boxes of food that was unceremoniously discarded (I have pictures). Zero doubt that they touted the "feeding the hungry kids" line during a pandemic shutdown, because it secured (or enhanced) their budget line items were used and because the benchmarks were met.
I do LL/T law (about 50/50 each side). The notion that there are no meaningful tenant protections in the law is simply false. The process is arguably backwards with tenants having to file first and the Court refusing to file an untimely Answer. The issue is not corporate investors; the issue is the the Eviction Court is frankly an absolute disaster (as is most of LVJC). Clean up the Courts. The statutes are fine.
Okay, so what you're saying is that in the past there was some waste when people took advantage of the shutdown to get bags of food.
I'm not sure how that anecdote really squares with free breakfast and lunch to be provided in school now that everyone is back in the classroom. Are you suggesting that the free food programs vetoed here would have resulted in food waste in the manner similar to what you described? If so, how?
I was simply using an extreme example of how the free lunch program is a red herring for money laundering in the form of budget dollars. Also, the insinuation was not abuse by "food takers" but abuse and fraud by CCSD reps in order to justify the retention of or increase of budget dollars. A common tactic and practice of government bureaucracies.
Why do we have all of these hungry children who need to be fed at school? Don't their parents (or singular parent or de facto guardian) get the modern equivalent of food stamps? Aren't our tax dollars already providing these school children (and their entire families) with food such that there is no reason for them to be hungry? Why do we have two completely different sets of government administrations to provide food for the school children?
Look. I am NOT in favor of kids going hungry, ever. But, as with all things administered governmentally, there is too much room for govt bloat and fraud.
This opinion started many many years ago when my kids (all self sufficient adults now) at all levels of K-12, started bringing home forms from CCSD asking me to fill them out so they can get free lunch. As an upper middle class and moderately successful attorney, I refused to fill the forms out, as we had no need. When they came home with round two of the forms with a note, saying "please fill out even if you don't need it". I again refused. This was followed by repeated phone calls from the schools (all of them) asking us to fill the forms out, even after we said that we did not need the program in writing. I later found out that the forms were filled out for us after several attempts at deflection on our part. This happened year after year in the CCSD.
https://www.educationnext.org/fraud-in-the-lunchroom/
@ 2:38 – A 2022 report from UNLV determined that seven out of 10 of the top occupations in the Las Vegas metropolitan area and six out of 10 in Reno don’t pay enough for workers in those jobs to afford studio apartments. NV literally cut access to food stamps in March of this year, by nearly 90% for some households. Unfortunately, no, your tax dollars are not doing so! But, thankfully for those of us sitting at our desks posting on this blog in the middle of the day – google remains free and is an amazing resource. As a general practice, I try to use it before I post online, especially before asking questions that have easily-discoverable answers. I hope this was helpful!
HAHAHAHHAHA
Okay, no, really. National School Lunch Program is based on household income. Free Lunch eligibility requires income under 130% of FPL. For a family of 4, FPL is $37,500, so 130% of that is $48,750. Reduced-fee lunches comes into to play at below 185% of FPL. Again, family of 4, that's $69,375. So if you and your spouse make under $70k and have 2 kids, you qualify for some type of reduced-cost lunch for school.
By contrast, SNAP (food stamps) benefits require an income below $39,000 for a family of 4.Make more than that, and you don't qualify, even though you might qualify for some type of reduced-cost lunch for school.
Some of y'all have never been poor, and it shows.
If you have to start out by clarifying, "I am NOT in favor of kids starving, BUT…" I urge you to get offline and try to go find the plot, because you have lost it completely. Maybe instead of being pissed about kids having access to too much darn food (!!!), you could take that passion (and knowledge of the issue!!! impressive!) and redirect it to finding out how we can distribute it better because, I assure you, there are plenty of kids in Clark County who would sure appreciate it. My god.
I see 2:48. So the solution to government bloat and fraud in the free-lunch program (which likely exists at some level in every government organization) is not to police a government program for bloat and fraud, but to do away with the program altogether? I'm sure the libertarians here would be enthralled at the prospect of such a response to a common administrative problem, which would bring us one military-contractor whistleblower away from defunding the military in its entirety.
2:38, so you believe that because we already pay taxes for food stamps, no need for free lunch. Seems to me that point of free lunch at school is to ensure that regardless of what happens in one's home life, children get something near enough to eat. Not everyone is great at managing money, and if you've never tried to balance a food-stamp-level budget when the cost of everything is going up, well…
If you believe that the 1 in 6 children in the world's wealthiest country who live in food-insecure households should bear the brunt of their parents' financial mismanagement, you're basically advocating for a North Korean, Soviet Russian, or Nazi Germany-style legal system, where kin punishment is/was a feature of their legal systems. I don't know about you, but I'm glad I don't live in a country like any of those.
The only good news is that 1/6 of the population is a lot of future voters who will remember what it felt like to be hungry all day at school because a governor who found hundreds of millions of dollars for a new sports stadium simultaneously refused to help approximately 1/6 of Nevada's youth to avoid hunger. Hopefully someone will tell these future voters it was a cost-cutting Republican governor who is directly to blame, because 1/6 of a state's population in a purple state is enough to swing the results of any election and ensure this cruel mistake is eventually corrected.
Subject change: Where's I-m-Suing-The-State Bar guy? My calendar says it's June, which is after March, and no lawsuit.. I know, I know, he won't be rushed. But he's really all talk.
He's probably waiting until they are partying in NYC to surprise them
Hahaha what’s your fascination with me – what’s the rush – anyone can file – that doesn’t make me special or a genius – will you be as vocal when I do? My name will be out there – will yours? Here’s my challenge to you, as soon as a file stop living vicariously through me
4:17 how is someone making one comment on a blog pointing that you have not lived up to your blustered promises "fascination with" or "living vicariously through" you? No matter how much time you take, time isn't going to create a viable cause of action that doesn't exist.
If it comes, OK. I am not holding my breath.
It's not coming.